Crabtree vickers v australian direct mail summary
A classic case!
Crabtree Vickers v Australian Direct Mail (1982) 150 CLR 141 is a landmark Australian case that deals with the issue of copyright infringement in the context of direct mail marketing.
Here's a summary:
Facts:
- Australian Direct Mail (ADM) was a company that specialized in direct mail marketing. They created a mailing list of potential customers and used it to send out promotional materials to those customers.
- Crabtree Vickers, a competitor of ADM, obtained a copy of the mailing list and used it to send out their own promotional materials to the same customers.
- ADM claimed that Crabtree Vickers had infringed their copyright in the mailing list.
Issues:
- Whether a mailing list constitutes a "literary work" under the Copyright Act 1968 (Cth), which would entitle the creator of the list to copyright protection.
- Whether the use of the mailing list by Crabtree Vickers constituted copyright infringement.
Decision:
- The High Court of Australia held that a mailing list can constitute a "literary work" under the Copyright Act, as it is a compilation of information that requires skill and effort to create.
- The Court also held that the use of the mailing list by Crabtree Vickers constituted copyright infringement, as they had copied the entire list without permission.
Significance:
- The case established that copyright protection can extend to compilations of information, such as mailing lists, as long as they require skill and effort to create.
- The case also highlighted the importance of protecting intellectual property rights in the context of direct mail marketing, where the use of competitor's lists can be a significant competitive advantage.
Key quotes:
- "A mailing list is a compilation of information, and as such, it is a literary work within the meaning of the Copyright Act." (per Mason J)
- "The creation of a mailing list requires skill and effort, and the compilation of the information is a creative process." (per Mason J)
Overall, the Crabtree Vickers v Australian Direct Mail case is an important decision that has had a significant impact on the way businesses approach direct mail marketing and intellectual property protection in Australia.